Federal Courts Rules (SOR/98-106)

Requisition for Hearing

Marginal note:Requisition for hearing

• 347 (1) Within 20 days after service of the respondent’s memorandum of fact and law or 20 days after the expiration of the time for service of the respondent’s memorandum of fact and law, whichever is the earlier, an appellant shall serve and file a requisition in Form 347 requesting that a date be set for the hearing of the appeal.

• Marginal note:Default by appellant

  (2) Where an appellant fails to comply with subsection (1), a respondent may, in lieu of bringing a motion under rule 167, serve and file a requisition in Form 347 to request that a date be set for the hearing of the appeal.

• Marginal note:Content of requisition

  (3) A requisition referred to in subsection (1) shall

  • (a) include a statement that the requirements of subsections 346(1) and (5) have been satisfied and that any notice required under section 57 of the Act has been given;

  • (b) set out the location at which the hearing should be held;

  • (c) set out the maximum number of hours or days required for the hearing;

  • (d) list any dates within the following 90 days on which the parties are not available for a hearing;

  • (e) set out the name, address, telephone number and fax number of the solicitor for every party to the appeal or, where a party is not represented by a solicitor, the person’s name, address, telephone number and any fax number; and

  • (f) indicate whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials in the requisition for hearing file will be in English or French, or partly in English and partly in French.

Book of Authorities

Marginal note:Joint book

• 348 (1) Within the time for serving and filing the requisition for the hearing set out in subsection 347(1), the parties shall file

  • (a) if the appeal is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of a joint book of statutes, regulations and authorities; and

  • (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of a joint book of statutes, regulations and authorities.

• Marginal note:Separate books

  (2) If the parties cannot agree on a joint book of statutes, regulations and authorities, they shall each file a separate book, without reproducing documents that are included in the book of another party.

• Marginal note:Enactments in both official languages

  (3) Extracts of federal statutes and regulations in a book of statutes, regulations and authorities shall be reproduced in both official languages.

• Marginal note:Reasons for judgment

  (3.1) In respect of any reasons for judgment, a book of statutes, regulations and authorities shall contain

  • (a) in the case where the book is filed in paper copy and the reasons are available from an electronic database that is accessible to the public at no charge, the relevant extracts of the reasons — including the head note, if any, and the paragraphs immediately preceding and following the extracts — with a reference to the database clearly marked on the page containing the extract; and

  • (b) in any other case, the reasons for judgment in full with the relevant extracts clearly marked.

• Marginal note:Colour of cover

  (4) A book of statutes, regulations and authorities that is in paper copy shall have

  • (a) if the book is filed jointly, a burgundy cover; and

  • (b) if the book is filed separately, a cover that is the same colour as the filing party’s memorandum of fact and law.

Condensed Book

Marginal note:Copies and content

348.1 A party may file five paper copies of a condensed book that contains the extracts from the appeal book and the book of statutes, regulations and authorities that the party will refer to in oral argument.

Consent to Reversal or Variation of Judgment

Marginal note:Consent to reversal or variation of judgment

• 349 (1) A respondent may consent to the reversal or variation of an order appealed from by serving and filing a notice to that effect.

• Marginal note:Judgment on consent

  (2) The Court may pronounce judgment in accordance with a notice filed under subsection (1) if the resultant judgment is one that could have been given on consent.

Material in the Possession of a Tribunal

Marginal note:Material in possession of a tribunal

350 Rules 317 to 319 apply to appeals and motions for leave to appeal, with such modifications as are necessary.

New Evidence on Appeal

Marginal note:New evidence on appeal

351 In special circumstances, the Court may grant leave to a party to present evidence on a question of fact.

Motions for Leave to Appeal

Marginal note:Leave to appeal

• 352 (1) Unless the Court orders otherwise, where leave to appeal is required, it shall be obtained on a motion brought in writing.

• Marginal note:Respondents and service

  (2) On a motion under subsection (1) the moving party shall name as respondents all persons referred to in rule 338 and personally serve all persons referred to in rule 339.

Marginal note:Motion record

• 353 (1) Unless the Court orders otherwise, a party bringing a motion for leave to appeal shall serve the motion record and file an electronic copy of or, subject to rule 72.4, three paper copies of that record.

• Marginal note:Content of motion record

  (2) A motion record referred to in subsection (1) shall contain, on consecutively numbered pages and in the following order,

  • (a) the order in respect of which leave to appeal is sought and any reasons, including dissenting reasons, given in respect of that order;

  • (b) the pleadings and any other material that is necessary for the hearing of the motion;

  • (c) an affidavit that sets out any facts relied on in the motion that do not appear on the Court file; and

  • (d) a memorandum of fact and law.

Marginal note:Respondent’s memorandum of fact and law

354 Unless the Court orders otherwise, a respondent to a motion for leave to appeal shall serve a memorandum of fact and law and any supporting affidavits and file an electronic copy of or, subject to rule 72.4, three paper copies of each of them no later than 20 days after the day on which the motion record is served.

Marginal note:Reply

355 Unless the Court orders otherwise, a party bringing a motion for leave to appeal shall serve any reply to the respondent’s memorandum of fact and law and file an electronic copy of or, subject to rule 72.4, three paper copies of the reply no later than 10 days after the day on which it is served.

Marginal note:Disposition of motion

356 On the filing of a reply under rule 355 or the expiration of the period allowed for a reply, the Court may dispose in writing of a motion for leave to appeal.

Leave to Appeal to the Supreme Court of Canada

Marginal note:Motion for leave to appeal to Supreme Court

• 357 (1) Notwithstanding rule 352, where a judgment of the Federal Court of Appeal is delivered from the bench, a motion under section 37.1 of the Supreme Court Act for leave to appeal from the judgment to the Supreme Court of Canada may be made at the time the judgment is delivered and without prior notice.

• Marginal note:Grounds for motion for leave

  (2) A motion for leave to appeal under section 37.1 of the Supreme Court Act shall, unless the Court permits otherwise, be argued on the case, and on the reasons for judgment, from which leave to appeal is sought.

• Marginal note:Number of judges

  (3) A motion for leave to appeal under section 37.1 of the Supreme Court Act shall be heard before not fewer than three judges, who need not be the judges who heard the matter under appeal.

PART 7Motions

Marginal note:Application

358 This Part applies to motions other than motions for leave to appeal under Part 6.

Marginal note:Notice of motion

359 Except with leave of the Court, a motion shall be initiated by a notice of motion, in Form 359, setting out

• (a) in respect of a motion other than one brought under rule 369 or 369.2, the time, place and estimated duration of the hearing of the motion;

• (b) the relief sought;

• (c) the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and

• (d) a list of the documents or other material to be used for the purposes of the motion.

Marginal note:Return of motion

360 A notice of motion shall not be filed unless it is made returnable

• (a) at sittings fixed under rule 34;

• (b) at a time and place appointed under subsection 35(2); or

• (c) in accordance with rule 369 or 369.2, as the case may be.

Marginal note:Service on ex parte motion

361 Notwithstanding rules 362, 364, 367 and 370, a party bringing an ex parte motion need not comply with the service requirements set out in those rules.

Marginal note:Service and filing of notice

• 362 (1) Subject to subsection (2), on a motion other than a motion under rule 369, a notice of motion and any affidavit required under rule 363 shall be served and filed at least three days before the day set out in the notice for the hearing of the motion.

• Marginal note:Motion on less than three days notice

  (2) The Court may hear the motion on less than three days’ notice

  • (a) where the motion is made on notice, if all parties consent; or

  • (b) in any case, if the moving party satisfies the Court of the urgency of the motion.

Marginal note:Evidence on motion

363 A party to a motion shall set out in an affidavit any facts to be relied on by that party in the motion that do not appear on the Court file.